Seneca College v Bhadauria

Seneca College v Bhadauria , [1981] 2 SCR 181 is a leading decision of the Supreme Court of Canada on civil rights and tort law. The Court ruled that there is no common law wrong ofdiscrimination .

Background

Bhadauria, an East Indian woman, was qualified to teach in Ontario and had seven years experience. She had applied to Seneca College but was not granted an interview. Bhadauria claim that she was not interviewed because of her ethnicity.

She argued that the college had violated the common law. The Ontario Court of Appeal accepted the existence of such a wrong. Since Bhadauria could show that such a right existed and it would have been allowed to remedy.

Decision of the Supreme Court of Canada

The Court allowed the appeal. It held that there was no harm of discrimination in Canadian common law. The court reasoned that a wrong of discrimination was unnecessary.

Leave a Reply

Your email address will not be published. Required fields are marked *